I have been writing about technology, people and companies for more than 25 years. I've written for most of the major industry publications, including PC World, Infoworld, Computerworld, eWEEK, and others. Send comments, questions, ideas for columns, etc. to me at david (at) coursey.com. Circle me on Google+

Are Bloggers Really Journalists? Not If They Ask For Money

Crystal Cox, the self-described “investigative blogger” will not get a new trial and previously unreported facts in the case — revealed by the judge — suggest her claim of journalistic protection was undeserved.

Cox has been ordered to pay a financial company $2.5 million for a single blog posting in which she accused it of tax fraud.

Co-founder Kevin Padrick and Obsidian Finance Group sued Cox for defamation in January 2011. Obsidian claimed Cox accused it of corruption, tax fraud and money laundering, on the website ObsidianFinanceSucks.com. The trial, however, centered on a single BankruptcyCorruption.com blog post.

Last November, a a jury found Cox liable for $2.5 million in damages. In January, she asked U.S. District Judge Marco Hernandez for a new trial. Many people, including myself, turned this into a free speech or an “are bloggers really journalists?” issue.

Earlier this week, Judge Hernandez denied Cox’s request for a new trial, and commented on issues that were not addressed during the one-day trial in November. Here is the standout paragraph, as reported by Courthouse News:

[T]he uncontroverted evidence at trial was that after receiving a demand to stop posting what plaintiffs believed to be false and defamatory materials on several websites, including allegations that Padrick had committed tax fraud, defendant offered ‘PR,’ ‘search engine management,’ and online reputation repair services to Obsidian Finance, for a price of $2,500 per month,” Hernandez wrote.

“The suggestion was that defendant offered to repair the very damage she caused for a small but tasteful monthly fee. This feature, along with the absence of other media features, led me to conclude that defendant was not media.

If that is true, anyone who supported Cox as a “member of the media” could look pretty foolish. When I read her blogs, I thought they were suspiciously over-the-top for journalism and “hinky” besides. The latter being a technical term I learned in newsrooms that describes something that doesn’t seem right but you can’t immediately figure out why and as a result stay away from reporting.

If what Judge Hernandez describes as true, Crystal Cox is not a journalist.

I am told that Judge Hernandez responded to a concern I expressed in my earlier blog on the case. Here’s what I wrote:

I’ve been working as a journalist for nearly 35 of my 50+ years. Or have I? Under the rules set down by U.S. District Judge Marco A. Hernandez, perhaps I need to revise my resume. And if I do, then many other bloggers are just as out-of-business as I am.

Why? Because we may lack a Federal Judge’s seven requirements to be a journalist. Most bloggers that I know — including myself — don’t fully qualify.

In case involving self-described ‘investigative blogger’ Crystal Cox, Judge Hernandez ruled that in order to qualify for basic First Amendment protections like state shield laws, freelance journalists have to meet a rather stiff set of criteria.

According to Courthouse News, Judge Hernandez:

The judge clarified his position on the media status of bloggers, which was an issue that made this case a cause célèbre among some free-speech advocates.

“In my discussion, I did not state that a person who ‘blogs’ could never be considered ‘media.’ I also did not state that to be considered ‘media,’ one had to possess all or most of the characteristics I recited,” Hernandez wrote.

My response? Having written things that were misinterpreted, I appreciate Judge Hernandez’ clarification. In short: We’re cool on this one, Your Honor.

The bigger point — and this was apparently not known previously — was the shake-down aspect of the case which, if true, violates every standard that a real journalist — regardless of medium — holds dear.

Based on what I have seen, Judge Hernandez has done real journalists a favor.

You can read the specific characteristics Judge Hernandez mentioned in the link to my original story, at left.

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Hey David — That claim re: the shakedown is actually true. I reported on it previously, including a copy of the email that she sent: http://www.forbes.com/sites/kashmirhill/2011/12/07/investment-firm-awarded-2-5-million-after-being-defamed-by-blogger/

David, did you know Stephanie Studebaker-DeYoung once called Crystal Cox an Internet Predator?

Studebaker-DeYoung wrote the following to Cox: “Really your stance on topics changes on a daily basis. You write with foul language and you write based on your own emotion and tips that have nothing to do with the truth… You have made a mess out of blogging.”

The Internet Archive has a copy of Studebaker-DeYoung’s complete claim. To view her claim:

1. Go to http://archive.org/web/web.php

2. Enter in The Wayback Machine www.summit1031bkjustice.com and then click on Take Me Back

3. Go to the year 2010 and click on the link from September 22, 2010 . Find Studebaker-DeYoung’s claim within the posts in the page and written on August 25, 2010.

Please note Studebaker-DeYoung was Cox’s main source of information in her attacks against Kevin Padrick and Obsidian Finance.

Generally speaking I say no they are not journalists but let’s take into account that some people straight out of college have little choice but to freelance instead of taking a staff job right away.

I write for examiner.com and my topic is the Cleveland Gladiators Arena Football team.

Thing is, I earned a Bachelor’s Degree in Journalism and Promotional Communication at Cleveland State University.

I’m sure some people will say i’m a blogger and others will say i’m a journalist since I earned a degree in it and write for the web in the hope of advancing my career and someday working as a staff writer.

THe sentence above that reads “Judge Hernandez ruled that in order to qualify for basic First Amendment protections like state shield laws…” shows just how little the judge understands about the First Amendment. The First Amendment was not written to protect journalists and media organizations. It was written to protect ALL citizens. Sadly, journalists have long acted as if the “freedom of the press” is a right reserved only for journalists.